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Tag Archives: South Africa

ADEC “steals” ANC colours

ADEC

ADEC logo

Today on IPcopy we have a guest post from Tyrone Walker of Moore Attorneys on the subject of political party logos in South Africa. This post has been reproduced with the permission of the author. 

The African Democratic Change (“ADEC”) party was officially launched on 1 December 2017 in South Africa. A representation of its logo is depicted right. (more…)

Pepsi Twist vs Lemon Twist

soft-2262307_640Today on IPcopy we have a guest post from Tyrone Walker of Moore Attorneys on the subject of a soft drink trade mark battle in South Africa. This post has been reproduced with the permission of the author. 

The soft drink battle of “PEPSI TWIST” versus “LEMON TWIST” continued in South Africa in the Supreme Court of Appeal.

In 2006, PepsiCo had applied for the registration of the trade mark “PEPSI TWIST”. Atlantic Industries (“Atlantic”), a wholly owned subsidiary of The Coca-Cola Company had opposed these trade mark applications. The basis of Atlantic’s opposition was that “PEPSI TWIST” was confusingly similar to their current trade marks  “TWIST”, “LEMON TWIST” and “DIET TWIST”. PepsiCo responded with a counter action by applying for the expungement (“removal”) of Atlantic’s marks. (more…)

Material Misrepresentation as Ground for Revocation of South African Patents

southafricaflagToday on IPcopy we have a guest post from Brian Bacon Inc on a recent decision that illustrates how declarations made on the Form P3 may leave a patent open to revocation.

A relatively recent decision in the Court of the Commissioner of Patents has confirmed that a South African patent will be open to revocation if the prescribed declaration (on Form P3) was signed before rectifying any invalidity of which the applicant ought to have known. This sends a stern warning to applicants and confirms that many South African patents may be incurably open to revocation. (more…)